New Estate Planning Execution Act - Uniform Electronic Estate Planning Documents Act (UEEPDA)
On June 6, 2024, the Uniform Electronic Estate Planning Documents Act (UEEPDA) became law in Washington. What does that mean? It means we are moving away from the formal strict requirements of a wet signature in formal execution ceremonies and estate planning can now be done wherever you get a signal. This Act expands the use of electronic documents for estate planning in Washington. Let’s break down the key points:
Scope of UEEPDA:
The UEEPDA applies to non-testamentary estate planning documents, which include various legal instruments beyond wills. These documents encompass:
Trust documents
Powers of Attorney
Healthcare Directives
Dispositions of Remains
Nomination of Guardians and Conservators for minors and disabled adult children
Community Property Agreements
Essentially, any estate planning document that doesn’t involve a last will and testament can now be executed electronically.
What’s Not Included?
Not all estate-related documents fall under the UEEPDA. For instance:
Deeds transferring title for real property
Certificates transferring title for motor vehicles, watercraft, or aircraft
These specific documents still require traditional paper-based execution.
Coexistence with Wet Ink Signatures:
Importantly, the UEEPDA doesn’t invalidate wet ink (physical) signatures. It provides an additional option for document execution.
Individuals can choose between electronic execution and the traditional method based on their preferences and circumstances.
Benefits and Accessibility:
The legislative intent behind the UEEPDA is to enhance accessibility and flexibility.
Legal resources can now reach more remote areas, and people who may find it challenging to visit a law office in person can benefit from this feasible and convenient alternative.
In summary, the UEEPDA represents a positive step toward modernizing estate planning practices, making them more adaptable to our digital age. It’s exciting to see legal processes evolve to meet the needs of a diverse population. If you have questions about your estate plan, or anything estate planning related, be sure to reach out to the team at Holmquist & Gardiner at Holmquist + Gardiner | Real Estate Lawyer in Seattle, Washington (lawhg.net).
